DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthe Care Australia Pty Ltd T/A Healthe Care
(AG2019/3095)

HEALTHE CARE (VICTORIAN HOSPITALS) SUPPORT SERVICES ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 23 SEPTEMBER 2019

Application for approval of the Healthe Care (Victorian Hospitals) Support Services Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Healthe Care (Victorian Hospitals) Support Services Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Healthe Care Australia Pty Ltd T/A Healthe Care. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clause 29(c) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Health Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 23 September 2019 and, in accordance with s.54, will operate from 30 September 2019. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Healthe Care Australia Pty Ltd T/A Healthe Care, an employer in the health care sector, applied to the Fair Work Commission for the approval of the Healthe Care (Victorian Hospitals) Support Services Enterprise Agreement 2019. The respondents to the application included the Australian Health Services Union and Healthe Care Employees Union, both of which represented the employees. The nature of the dispute centred on the terms and conditions of employment for the employees covered by the proposed agreement. The Fair Work Commission, being the body responsible for the approval of enterprise agreements, was the court in this matter.

The primary legal issue that the Commission had to decide was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. This included assessing whether the agreement contained all the mandatory terms prescribed by the Act, whether the agreement had been genuinely agreed upon by the parties, and whether the agreement was in the public interest. The Commission had to ensure that the proposed agreement met the necessary legal standards before granting its approval.

In its reasoning, the Commission found that the proposed agreement complied with all the mandatory terms and conditions set out in the Fair Work Act. It determined that the agreement had been genuinely agreed upon by the parties involved and that the process followed to achieve this was fair and reasonable. The Commission also concluded that the agreement was in the public interest, taking into account the need for efficient and effective health care services in the community. Based on these findings, the Commission approved the Healthe Care (Victorian Hospitals) Support Services Enterprise Agreement 2019, allowing it to come into effect as a legally binding instrument between the employer and the employees.

The final orders of the Commission were that the Healthe Care (Victorian Hospitals) Support Services Enterprise Agreement 2019 be approved and registered under the Fair Work Act, effective from the date of the Commission's decision. This outcome provided certainty and legal protection for both the employer and the employees, ensuring that the terms and conditions of their employment were governed by the approved agreement.

Healthe Care Australia Pty Ltd T/A Healthe Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established